Supreme Court Strikes Down Qualified Immunity Claim - Ep. 7.276

  Рет қаралды 311,339

Steve Lehto

Steve Lehto

Күн бұрын

Пікірлер: 2 100
@AtWorkSlacking
@AtWorkSlacking 3 жыл бұрын
It would be nice if you would provide links to the source material
@stevelehto
@stevelehto 3 жыл бұрын
I have several times in the comments and in the description to the video. The case: www.scotusblog.com/case-files/cases/taylor-v-riojas/ The article: www.abajournal.com/columns/article/chemerinsky-scotus-hands-down-a-rare-civil-rights-victory-on-qualified-immunity
@royernesthallgarth4804
@royernesthallgarth4804 3 жыл бұрын
Thanks
@skinlab4239
@skinlab4239 3 жыл бұрын
Took about 45 seconds to google the exact link.
@chuckandy3d249
@chuckandy3d249 3 жыл бұрын
If you're not interested in finding it with Google then you're probably not really interested in reading the links. Wouldn't take you as long to type as your question did, plus you'd probably already be done verifying.
@tatsmcfatty
@tatsmcfatty 3 жыл бұрын
Wow... When you slack at work you don't mess around. Slacked so hard you didn't read the description, eh?
@rayh592
@rayh592 3 жыл бұрын
The 1982 ruling was unconstitutional itself.
@jguenther3049
@jguenther3049 3 жыл бұрын
It created a Frankenstein's monster.
@geoh7777
@geoh7777 3 жыл бұрын
Supreme court? Not even a valid court, like much of government in the U.S. Their Roe v. Wade decision made the killing of millions of unborn babies legal.
@reasonablespeculation3893
@reasonablespeculation3893 3 жыл бұрын
@@neilkurzman4907 "constitutional" Yes, from the perspective of the Supreme Court having authority to make such rulings... the 'Because I said So' argument.... But a case could be made that the Supreme court has a legal obligation to assure All of it's decisions comport with the fundamental concepts of the Bill of Rights... Any clear violation of the Bill of Rights, cannot be Constitutional
@charlesdoyle3630
@charlesdoyle3630 3 жыл бұрын
@@geoh7777 The problem is not as simple as people want to make it tho. A woman who is pregnant health can change drastically. Like what happened to my sister. 1st baby no issues at all. 12 miscarriages after my nephew born spanning oh about 17 years. I do believe too many women yes have abortions because it is easy and is a quick fix. I also know if the woman I was with and she was pregnant and we got the bad news the baby would not make it a year and would need basically a miracle to make it a year I could not in good conscience ask her or tell her she is carrying to full term. Alot easier to get over a baby in this case that was never born. I know that may sound cold but it is a fact. Not saying would get over it immediately cause still would need to process losing a child. Think about some of the stupid proposals for abortion bans we have seen. Ohio not allowing an abortion for ectopic pregnancy that has 0 chance of going to full term and worse could cause the woman her life. If a pregnant woman is told for whatever reason she should not go to full term due to problems with I myself would have no problem with abortion in that case. But until we fix the problem we have with foster care and CYF or whatever you call it abortions will still be at a high number
@reasonablespeculation3893
@reasonablespeculation3893 3 жыл бұрын
@@geoh7777 do you really want the Iron Fist of the Police enforcing the Priest's decision, regarding when an abortion can be permitted?
@sammybubba176
@sammybubba176 3 жыл бұрын
it's about DAMNED TIME said every person of reason.
@edwardmiessner6502
@edwardmiessner6502 3 жыл бұрын
Including every reasonable officer who witnessed and testified against an unreasonable officer committing a Constitutional wrong and finding out that the court or a higher court, even SCOTUS, granted him qualified immunity!
@admthrawnuru
@admthrawnuru 3 жыл бұрын
@@edwardmiessner6502 Ah, but the courts get to define "reasonable" and told you that second officer was also "reasonable"
@interstellarsurfer
@interstellarsurfer 3 жыл бұрын
Justice Thomas dissents... 🤷‍♂️
@edwardmiessner6502
@edwardmiessner6502 3 жыл бұрын
@@admthrawnuru yeah they go by the term "least reasonable officer" to give actually unreasonable officers a mulligan - Kiesla v Hughes 138 S. Ct. 1148 (2018) www.techdirt.com/articles/20180405/14275639575/supreme-court-says-shooting-non-threatening-person-without-warning-is-just-good-police-work.shtml
@admthrawnuru
@admthrawnuru 3 жыл бұрын
@@edwardmiessner6502 I can't imagine why people don't trust a system where the most unreasonable officers get to determine the standards for accountability.
@dennisberman4640
@dennisberman4640 3 жыл бұрын
Now on to Civil Forfeiture
@BrankoRNtheotherBranko
@BrankoRNtheotherBranko 3 жыл бұрын
Yes.... get it to the Supreme Court while they have logic on their minds.
@markspqr
@markspqr 3 жыл бұрын
Timbs v Indiana, they already did that in 2018, the federal court now need to give it teeth.
@yomommaahotoo264
@yomommaahotoo264 3 жыл бұрын
@@mike62mcmanus Yep...and one of the reasons I didn't repeat voting for him....not that I'd had voted for either of these bozos.
@charlesdoyle3630
@charlesdoyle3630 3 жыл бұрын
@@mike62mcmanus Trump reinstated civil asset forfeiture. Originally this came about under Reagan
@Outrjs
@Outrjs 3 жыл бұрын
Now onto Civil War... Luke 23:41-43
@zaneelliot6963
@zaneelliot6963 3 жыл бұрын
If a D.A. lies in court about you, knowing he is lying, that D.A. should be held accountable.
@kerwinbrown4180
@kerwinbrown4180 3 жыл бұрын
That is perjury if the DA is under oath and possible contempt if not. The judge gets to make the call.
@chrisbudesa
@chrisbudesa 2 жыл бұрын
State Bar Association
@jeremydale4548
@jeremydale4548 Жыл бұрын
The DA should be immediately fired and disbarred
@John-lj8rv
@John-lj8rv 9 ай бұрын
Their claim to absolute immunity is nothing more than a legal fiction dreamed up by the true criminals.
@problactive285
@problactive285 3 жыл бұрын
in a truly just society "qualified immunity" would never exist.
@oliverphippen1957
@oliverphippen1957 3 жыл бұрын
Integrity is NOT absolute ????? Joe Biden and son are crooks protected by the MEDIA ????
@SovereignStatesman
@SovereignStatesman 3 жыл бұрын
In a truly just society, everyone would be EQUAL including government officials.
@oliverphippen1957
@oliverphippen1957 3 жыл бұрын
@@SovereignStatesman Equality is about giving every one equal CHANCE Not about giving every one equal results ??????
@SovereignStatesman
@SovereignStatesman 3 жыл бұрын
@@oliverphippen1957 No, equal power over the nation.
@oliverphippen1957
@oliverphippen1957 3 жыл бұрын
@@SovereignStatesman I dont understand what you are saying ?????Please explain ???
@aaronmoran5753
@aaronmoran5753 3 жыл бұрын
I find it fascinating that those involved in the Courts are terrified. Imagine being held to the same Law.
@tatsmcfatty
@tatsmcfatty 3 жыл бұрын
It time we make the Just-us system the Justice system again.
@watchinit6530
@watchinit6530 3 жыл бұрын
@@tatsmcfatty , I'm all for law enforcement, never supported "defund the police". But "Qualified Immunity" has always been nothing less than permission for law enforcement officers to be the law breakers themselves. It referred to as "a police state".
@dowskivisionmagicaloracle8593
@dowskivisionmagicaloracle8593 3 жыл бұрын
Can't sue them for it, but you can shoot'em for it. The 2nd amendment exists specifically for this circumstance.
@elik.webber7630
@elik.webber7630 2 жыл бұрын
Can you imagine all the Judges in the High court being subject to these violations, and then claim a reasonable cop wouldn't know . what the F$#@ are we hiring robots, with no human morals of right and wrong, sometimes certain things are wrong. They are just wrong . something twisted here looks like we pay for shitty service i all parts of the Gov.
@MonkeyJedi99
@MonkeyJedi99 3 жыл бұрын
Qualified Immunity and Civil Forfeiture need to be pulled out by the roots before the citizenry exercises the only remedy they will have left... Which will result in a heck of a body count.
@oliverphippen1957
@oliverphippen1957 3 жыл бұрын
No one will want the JOB ??????
@kurtwetzel154
@kurtwetzel154 3 жыл бұрын
To battle civil forfeiture here is a good idea if you have time and money. Let’s say you are driving and get pulled over for speeding. Cops sees a bunch of money it happens to be $20k. Cop wants to seize the money it might be ill gotten gains or tied to a crime. You explain why you have the money. Cop says sign this paper I am seizing the money. You refuse and say you want the money arrest me. If the cops arrests you knowing you committed no crime what would they charge you with. No way this will hold up in court if you get arrested. This puts the cops in a bad spot. If most people did this it would probably make the news and bring light onto this issue. Plus no way these cops can arrest everybody to seize money when you are innocent.
@MonkeyJedi99
@MonkeyJedi99 3 жыл бұрын
@@kurtwetzel154 The arrest would be for something like "disorderly conduct" or "resisting", or "impeding an investigation" and the money would be seized as possible proceeds of drug activity. The DA would drop the arrest charges and still keep the money.
@kurtwetzel154
@kurtwetzel154 3 жыл бұрын
@@MonkeyJedi99 If the charges are dropped I don't see how they can keep the money. The DA proved you are innocent so how could the money be proceeds of drug activity.
@oliverphippen1957
@oliverphippen1957 3 жыл бұрын
@@kurtwetzel154 If I was a COP and I pulled you over for a vehicle infraction and saw $20,000 in cash I would become suspicious ???? After That I have choices ????
@kendavis8046
@kendavis8046 3 жыл бұрын
Wow! Perhaps now we'll get a significant ruling from SCOTUS on Civil Asset Forfeiture? Nah, that's just crazy talk!
@pulynanyalikibitz1301
@pulynanyalikibitz1301 3 жыл бұрын
Your comment made me consider the ramifications of defining the police without revoking CAF. Think about how out if control they would get trying recoup that income at private citizens expense. That would be a fascist nightmare. The whole system needs some serious reconsideration. The system is toxic for all involved.
@pulynanyalikibitz1301
@pulynanyalikibitz1301 3 жыл бұрын
Your comment made me consider the ramifications of defining the police without revoking CAF. Think about how out if control they would get trying recoup that income at private citizens expense. That would be a fascist nightmare. The whole system needs some serious reconsideration. The system is toxic for all involved.
@ATAATX
@ATAATX 3 жыл бұрын
I have no problem with CAF. CAF was brought about to prevent drug dealers/criminals from enjoying the profits of their crimes. Where things go wrong is CAF devoid of due process. They seize, confiscate, sell before they even get a conviction.
@jamesotisjr2322
@jamesotisjr2322 3 жыл бұрын
search term: James Otis JR. the true father of our country. why this is not taught in schools baffles me.
@arthurdolle5257
@arthurdolle5257 3 жыл бұрын
@@ATAATX not so, that's unconvicted suspected drug dealers and criminals who are supposedly innocent until convicted
@Glmorrs1
@Glmorrs1 3 жыл бұрын
As a programmer, you got that analogy right about it being an endless loop because there’s this undefined variable that cannot be defined, just like there’s an unestablished violation that can never be established. Qualified Immunity needs to end yesterday.
@42stonez
@42stonez 3 жыл бұрын
Taylor is my husband and he fought very hard to get this win so thank you for putting this out
@booterone1
@booterone1 3 жыл бұрын
Just possibly, government workers would start being more professional if they can now be held accountable for civil violations.
@rockosmith9874
@rockosmith9874 3 жыл бұрын
Preacccccccccch 🙏💯
@janejones8672
@janejones8672 3 жыл бұрын
Civil and Criminal
@truthseeker4298
@truthseeker4298 3 жыл бұрын
kzbin.info/www/bejne/f6SZqZiLns2Naac
@oliverphippen1957
@oliverphippen1957 3 жыл бұрын
No there is no reason to soften the rules but there is reason to RECALIBRATE the minority community who is having difficulty with the behavior rules ???
@oliverphippen1957
@oliverphippen1957 3 жыл бұрын
@@johndoe-ss9bz -bad behavior is in the DNA / INHERENT /INBRED ?
@graygrumbler4253
@graygrumbler4253 3 жыл бұрын
There is no logic in this standard of qualified immunity.
@randallkelley3600
@randallkelley3600 3 жыл бұрын
I’d like to see this go beyond law enforcement. Regulators often abuse their power.
@7cooty7
@7cooty7 3 жыл бұрын
Judges, AG's, ect.
@Uberragen21
@Uberragen21 3 жыл бұрын
@@7cooty7 I was thinking more like politicians and governors passing blatantly unconstitutional laws.
@7cooty7
@7cooty7 3 жыл бұрын
@@Uberragen21 i agree but also AG's and judges follow through with them
@johnnyfiveo
@johnnyfiveo 3 жыл бұрын
this video is everything. linking it to my social media accounts as we speak. great job man
@stevelehto
@stevelehto 3 жыл бұрын
Thanks!
@stephengreen3566
@stephengreen3566 3 жыл бұрын
Thank you Johnny.
@arthurdolle5257
@arthurdolle5257 3 жыл бұрын
@Feral Man how did you figure that out?
@simonmultiverse6349
@simonmultiverse6349 3 жыл бұрын
@Feral Man No, the bible says "hanging the Earth upon nothing" in other words the bible does NOT say that the Earth is flat. "Hanging the Earth upon nothing" is a pretty good description of being in space, not touching anything else.
@simonmultiverse6349
@simonmultiverse6349 3 жыл бұрын
@Feral Man P.S. "tombstone" is one word, not two.
@brikbrokly5272
@brikbrokly5272 3 жыл бұрын
Are my eyes and ears deciving me ? Is it really true ? Courts and judge's doing what's right ? Wow! Never thought I'd live to see the day .
@philliberatore4265
@philliberatore4265 3 жыл бұрын
The same defense a 14-year-old uses. " Well, you never told me I COULDN'T do that! "
@edwardmiessner6502
@edwardmiessner6502 3 жыл бұрын
Which shows you the mental social, and emotional maturity of the police
@toolmanthetim7042
@toolmanthetim7042 3 жыл бұрын
i wish i had a dollar for every time i told a technical inspector at car races, the rule book doesn't say i can't do that. and $10 for every time they said OK for now but check back next week!
@glorioskiola
@glorioskiola 3 жыл бұрын
Right
@right2travel613
@right2travel613 3 жыл бұрын
Well put
@dowskivisionmagicaloracle8593
@dowskivisionmagicaloracle8593 3 жыл бұрын
My kids aren't 14 yet and they know better than to use the "I have no brain" excuse.
@tybrady1935
@tybrady1935 3 жыл бұрын
Wow! Big news! Sheriffs better start training their deputies on how to uphold citizens rights!
@jblyon2
@jblyon2 3 жыл бұрын
From deputy training, day 1: "Now repeat after me. 'That's a nice civil asset you got there. Would be a shame if you had to forfeit it.'"
@barrychristensen356
@barrychristensen356 3 жыл бұрын
The irony of your statement is that every sheriff and deputy take an oath to up hold the constitution.
@gregorykadok3356
@gregorykadok3356 3 жыл бұрын
Nah, let them learn the hardway when they get convicted
@ricktimmons458
@ricktimmons458 3 жыл бұрын
supreme court has exceeded it's authority by making law!
@frostyab7579
@frostyab7579 3 жыл бұрын
next the SCOTUS needs to rule on being "arrested for resisting arrest" and no other charge
@samwelonduko9696
@samwelonduko9696 3 жыл бұрын
I think they ruled on that. You have a right to defend yourself against an illegal arrest. I'll try to look at the case no.
@samwelonduko9696
@samwelonduko9696 3 жыл бұрын
kzbin.info/www/bejne/l4WTipd6e7yhrbs
@joatmon3282
@joatmon3282 3 жыл бұрын
@@samwelonduko9696 That link is to a ruling from the Georgia Supreme Court, not SCOTUS.
@colinsmith6116
@colinsmith6116 3 жыл бұрын
I agree. 'qualified immunity' and 'civil forfeiture' should most definitely be repealed. Laws and fairness should apply all round.
@nolongeramused8135
@nolongeramused8135 3 жыл бұрын
Qualified immunity needs to be abolished.
@adamblakeslee5301
@adamblakeslee5301 3 жыл бұрын
Qualified immunity makes sense in the context of Organized crime where the prosecuted have the money and influence to sue for every minor incident. You don't want officers to worry about trespassing in the middle of a gunfight. The PROBLEM is that qualified immunity was applied broadly and clumsily, giving officers immunity for everything everywhere forever. So if we want to abolish QI then we need something to replace it.
@nolongeramused8135
@nolongeramused8135 3 жыл бұрын
@@adamblakeslee5301 As it is too many cops treat it as a license to wipe their behind with the constitution.
@gregjames2684
@gregjames2684 3 жыл бұрын
@@adamblakeslee5301 I know , let's make it illegal to conduct criminal activity 🤔
@kokoleka808
@kokoleka808 3 жыл бұрын
Qualified immunity will never be abolished as this is what gives power to the elite ruling class and preserves systemic racism.
@PeterSodhi
@PeterSodhi 3 жыл бұрын
This video shows it is now overturned
@2TROLL1
@2TROLL1 3 жыл бұрын
So qualified immunity is not a actually a law. it's just legislating from the bench'.
@rockosmith9874
@rockosmith9874 3 жыл бұрын
I heard that judges practicing law from the bench on constitutional and against the law and goes against their office of oath🙏
@oliverphippen1957
@oliverphippen1957 3 жыл бұрын
Dims should like this ????
@kaisersose5549
@kaisersose5549 3 жыл бұрын
@@rockosmith9874 That's old law there... laws made so long ago that those currently in power do their best to sweep them under the rug. According to those who follow the old laws, the penalty for willfully violating their oath of office at the expense of denying justice is death to the offending judges. They're seen as traitors to the country, via their actions that contradict the constitutional laws the country was founded upon. As per contemporary law, it's a perversion of justice at the very least. The reason such things stand is absolute immunity. Even if there is prior case law for such things, no judge is willing to hear a case condemning another judge as it means they may have their head on the chopping block in the future.
@rodschmidt8952
@rodschmidt8952 3 жыл бұрын
@@kaisersose5549 Where do I look to find this old law that you speak of? About the penalty?
@kaisersose5549
@kaisersose5549 3 жыл бұрын
@@rodschmidt8952 It's just old laws, like a death penalty for stealing someone's horse kind of thing. Antiquated, yet still on the books. I found a bunch of that kind of stuff when looking for the limits of absolute immunity. Specifically, what could be done about a judge knowingly and blatantly violating due process to rule against the defendant as retaliation for a personal vendetta. Since the case is currently awaiting decision in an appellate court & will be re-tried (under a different judge), I can't really be any more specific.
@dblair1247
@dblair1247 3 жыл бұрын
My wife is presently involved in a case involving qualified immunity. Her second appeal to the 3rd District is in progress. Her first appeal was successful. The corruption and incompetence of the District Court is mind boggling.
@timm1583
@timm1583 3 жыл бұрын
But is it by design?
@dblair1247
@dblair1247 3 жыл бұрын
@@timm1583 No doubt. The lengths to protect corrupt government know no bounds.
@edwardmiessner6502
@edwardmiessner6502 3 жыл бұрын
If you research Brownback v King you'll find out that the District Court in western Michigan is the same way
@MrCharlesEldredge
@MrCharlesEldredge 3 жыл бұрын
Amazing coverage of an important issue. Thank you!
@garygemmell3488
@garygemmell3488 3 жыл бұрын
There was a case down in Alabama or Georgia a few years ago where a client gave his lawyers two phones that could be used as evidence. The lawyer put them in his briefcase. A sheriff's deputy who was following the client saw this. That same day outside the courthouse the client was served with a search warrant for the phones. The warrant only allowed for a search of the man and his vehicle Long story shortened. His lawyers were arrested and the phones seized. The lawyers sued the two cops and the DA who told them to arrest and sieze. All three tried to claim QI stating there was no case on point. The rejection of their claim was followed by the judge quoting the 4th Amendment in his ruling. You know, the part about search and seizure and needing a warrant.
@Bob-Lob-Law
@Bob-Lob-Law 3 жыл бұрын
I literally shouted for joy after reading the banner Oh happy days , change is a commin' let's pray for Civil Asset Forfeiture next
@senseofstile
@senseofstile 3 жыл бұрын
Yep, get rid of Civil Asset Forfeiture.
@Your_Face
@Your_Face 3 жыл бұрын
Lmao. Change. You silly person.
@mccabeianenator
@mccabeianenator 3 жыл бұрын
Have you found that over the years, the more you did FOR FREE for your trustees/ public-servants, the more ungrateful, thankless and abusive they have become, so may we politely suggest the following good mental health de-escalation-for-remedy? THE TRUST IS COLLAPSED....in other words, you are no longer granting any more credit. If the policeman is not lawfully investigating the crime on behalf of the male/female victim and is entering YOUR company jurisdiction without you summonsing them, then would it not be advisable to be politely placing YOUR public-servants/trustees, whom are acting rogue, under your notification that you charge $911 per hour for YOUR time and also $777 for YOUR performance.... and that any further communicating with you, is with them accepting the terms & conditions of the commercial contract IN THE PRIVATE (the cop and their CHIEF and their POLICE UNION is now with PERSONAL liability.... because Notice-to-Agent-is-Notice-to-Principal...and also through JOINDER...and they also lose their qualified immunity) This way, you are NOT resisting/refusing to obey/comply with their orders/demands/ policy/questions, because you are now willing to perform WITH THE CONDITION that payment is with you immediately, because you have NO CONFIDENCE with them administrating YOUR trust! THE PUBLIC TRUST IS COLLAPSED...Why is YOUR company issuing them extra credit? Are YOU not the grantor and the beneficiary of YOUR trust? ...making them the trustees, whom are with their fiduciary obligation and duty-of-care to be NOT causing you injury nor damage nor loss nor harm. Is THEIR job YOUR job? Is THEIR company policy YOUR company policy? not unless and until they are PAYING for your company time & performance THE CONSTRUCTIVE TRUST IS COLLAPSED...YOU are no longer performing free-of-charge! You may be willing to pursue the matter through the small-claims-court and/or through arbitration which is held in-the-private because PUBLIC court is only for the PUBLIC servant. YOUR TRUST FUND IS NOW WITH RESTORATION....YOU are now making money from every encounter with YOUR trustees because the days of doing something with them for free are over. PS-Be the polite BUSINESS man with your trustees .......by COUNTER-charging.
@danielrafa6122
@danielrafa6122 3 жыл бұрын
lets not pray.... lets take up arms rally and pray
@sylviaelse5086
@sylviaelse5086 3 жыл бұрын
Congress could have fixed this at any time. Its failure to do so is an indictment.
@mwilson7345
@mwilson7345 3 жыл бұрын
Have you looked at Congress lately ? They will argue for years over how to tie their own shoes and still not make a cognitive decision .
@rborne11xraytaz4
@rborne11xraytaz4 3 жыл бұрын
@@mwilson7345 bc they're all scumbag, bottom feeding lawyers.
@oliverphippen1957
@oliverphippen1957 3 жыл бұрын
With out protection / Qualified immunity there would be no COPS ??? and the minority community would exist and rule ???
@oliverphippen1957
@oliverphippen1957 3 жыл бұрын
@GoogleCensorsTheTruth 34 How does Qualified immunity relate to Israel ????
@oliverphippen1957
@oliverphippen1957 3 жыл бұрын
and indictment of the left or the right ?????
@BkGreg
@BkGreg 3 жыл бұрын
If these corrections officers are found guilty, their time in prison, should be spent in the exact same conditions, they forced this man to survive in.
@matthewl67
@matthewl67 3 жыл бұрын
That would likely be ruled as cruel and unusual. Not saying it’s fair, as I personally believe the punishment should be worse than the crime.
@oliverphippen1957
@oliverphippen1957 3 жыл бұрын
The officers have certain rules and regulations created by the legislature of that state ,so if the COP has not violated the rules then the suit is MOOT ??? If officers are not protected for doing their job then no one will ever want to be an officer - In other words devalue the COPS ????
@dowskivisionmagicaloracle8593
@dowskivisionmagicaloracle8593 3 жыл бұрын
All of a sudden prisons in foreign countries are looking less intimidating in comparison.
@rodschmidt8952
@rodschmidt8952 3 жыл бұрын
@@matthewl67 Ah, but the guards have qualified immunity because there's no previous case exactly on point ... oh wait, yes there is now
@realisrealite5554
@realisrealite5554 3 жыл бұрын
@@oliverphippen1957 I was an officer and in my 20 plus years with TDCJID I never saw an officer assign an offender to a cell period.The offenders are assigned cells by the count room and if the cell isn't functional as an officer we would let the supervisor know and he would get him moved to a cell that was.We didn't treat our offenders like animals.
@dmlevitt
@dmlevitt 3 жыл бұрын
just found your channel. that is good news on qualified immunity. 1982 Reagans court.
@alitalanore3511
@alitalanore3511 3 жыл бұрын
Rarely, well never, after hearing a discussion or explanation, that I don't have questions. You cover all the angles. Your a natural born Teacher. My theory of the tell of a Great Teacher, is a show of no hands.
@ljisbister3102
@ljisbister3102 3 жыл бұрын
I have never understood why qualified immunity is "by default". Surely it should *not* be granted at the outset, and instead the party wishing to claim qualified immunity be required to stated, with clear reasoning, as to why the court should be minded to grant it. The other party may rebut the reason(s). That would quickly force a clear definition as to when and why qualified immunity should be granted or not
@dannymccarty344
@dannymccarty344 3 жыл бұрын
It makes it easier, when you realize your rights are just an illusion. Most of us go our whole lives, never being molested by the system. Life is "all good" if you stay in your own lane. This "thin blue line" are a group of psycho thugs that the "right" seems to support. Ignorance is bliss, I guess.
@edwardmiessner6502
@edwardmiessner6502 3 жыл бұрын
@@dannymccarty344 "Life is 'all good' if you stay in your own lane." Until the thin blue liners cross into it and cut you off for no good reason
@dannymccarty344
@dannymccarty344 3 жыл бұрын
@@edwardmiessner6502 militarized zone = Today's America
@ericwright4166
@ericwright4166 3 жыл бұрын
It doesn't matter who you are you should be held accountable for your actions. And if you think it shouldn't be that way then you're wrong
@dannymccarty344
@dannymccarty344 3 жыл бұрын
@@ericwright4166 but who holds them accountable? Who's job is it? Why haven't they done their job? Answer: its us...and, we haven't because we spend all our time entertaining ourselves on these electronic devices. #Scripted life #
@duanebuck193
@duanebuck193 3 жыл бұрын
They say the wheels of justice grind slowly - this has to be a perfect example of just how slow sometimes!
@rf159a
@rf159a 3 жыл бұрын
I agree!!!
@robertboykin1828
@robertboykin1828 3 жыл бұрын
Using crap as a lubricant.
@geoh7777
@geoh7777 3 жыл бұрын
Wheels of injustice, grinding up people.
@7cooty7
@7cooty7 3 жыл бұрын
Grinds slow because it corrupt as hell. Favors people with $$
@davemojarra2666
@davemojarra2666 3 жыл бұрын
Police Unions gone move Heaven and Earth to save their Get Out of Jail Free Card.
@willdejong7763
@willdejong7763 3 жыл бұрын
We the public need to move Heaven and Earth to stop dirty Police Unions. Enough is enough. Times up.
@margaretdouglass6772
@margaretdouglass6772 3 жыл бұрын
THEY HAVE ALWAYS MADE LAWS FOR JOHN/JANE Q PUBLIC BUT NEVER FOR THEM SELVES. THEY IMUNE THEM SELVES FROM EVERY LAW. AS YOU REMEMBER THEY ARE NOT EVEN IN OVOMITCARE! They have their own perky insurance and all the convinces of life. While we get treated like SLAVES. WITH JUST THE CRAP THEY CAN DISH OUT TO US.
@mwilson7345
@mwilson7345 3 жыл бұрын
There are abuses, however if a dangerous altercation must be contained an officer must do what is nessesary to contain the situation. It will never be perfect , that being said an officer should not have to do the job of correcting bad parenting . Each case should be tried on it's own merit , not by one size fits all past rulings. In a perfect world perhaps .
@willdejong7763
@willdejong7763 3 жыл бұрын
​@@mwilson7345 And what do you think about the old guy, 75-year-old Martin Gugino, who was pushed over by Buffalo Police and ended up in the hospital for 4 weeks with a cracked skull and brain damage? The guy was just standing there asking a question. Next second he's unconscious and bleeding on the sidewalk. This was not a "dangerous altercation" until the police made it one. Union protected the cops. Union lied, said he tripped and fell, despite video clearly showing what really happened. The 2 cops were put on suspension, but the union fought back, saying that they would not provide legal protection for cops who were a part of the BPD emergency response team. That forced all 57 members of the ERT to resign. The 2 cops were, in fact, charged with felony second-degree assault but were released without bail. 7 months later the county DA announced that a secret grand jury had dismissed all charges. That's not justice, IMO.
@ronl.2913
@ronl.2913 3 жыл бұрын
@@mwilson7345 So, you say bad behavior is blamed on bad parenting. So, 40 year old Billy just never learned the difference of whats right and wrong. Whether your taught right as a child or not ...when your an adult its your decision to fly right. And another thing, cops making mistakes or idiot decisions (especially the ones based off their egos) gets people killed, and their rights violated. I support the police too. But they better be flying right also.
@dannyjames4216
@dannyjames4216 3 жыл бұрын
Wow...have not seen WABX and WRIF for many years. Old Detroit guy here. Awesome. Great show.
@snoopydog3328
@snoopydog3328 3 жыл бұрын
"I've heard some people say"; "If you can't get justice in the courts, get .308 or .30-06 justice".
@krtacct
@krtacct 3 жыл бұрын
Ignorance of the law is not an excuse, unless your actually enforcing the law. Houston, I think we have a problem here.
@oliverphippen1957
@oliverphippen1957 3 жыл бұрын
Does that mean that all those Riots because of Misunderstanding the law -Like George Floyd or trevon Martin or Mike Brown or Freddy Grey ??? etc
@bernardtimmer6723
@bernardtimmer6723 3 жыл бұрын
I think that you will find Houston pd certainly has a problem although it may not be what you meant lol...
@oliverphippen1957
@oliverphippen1957 3 жыл бұрын
@@bernardtimmer6723 ???????
@bernardtimmer6723
@bernardtimmer6723 3 жыл бұрын
@@oliverphippen1957 I was joking Oliver. The popular saying, Houston we have a problem in response to an accidental explosion in the service module in a flight to the moon. I joked in the sense that Houston pd has many outstanding issues aswell. That's it it wasn't in response to your observation or you perfectly valid remark.
@seahawks5725
@seahawks5725 3 жыл бұрын
Thats an old wise tale! Ignorance of the law is definetly an excuse its also a REMEDY to get uP & out from underneath laws!!! I know many here are gonna troll that comment so before you do and when you do make sure you present with the law that states otherwise before telling i i am off of my rocker!
@curtisroberts9137
@curtisroberts9137 3 жыл бұрын
I was once told in a college political sci class that the supreme court was the greatest protector of civil liberties in this country. I laughed out loud and mentioned Dred Scott. Professor was not amused. Personally I believe the court makes at least as many decisions violating the citizens rights as they do to protect them. At least this seems to be a win for the people.
@canucanoe2861
@canucanoe2861 3 жыл бұрын
The SCOTUS has been shredding the fourth amendment for decades and the supposedly liberal justices are in on it.
@IDontKnow-mf5wi
@IDontKnow-mf5wi 3 жыл бұрын
Yep... SCOTUS, one of the greatest threats to the US Constitution
@curtisroberts9137
@curtisroberts9137 3 жыл бұрын
@@canucanoe2861 it's like they say politics makes strange bedfellows. And so do court cases. Some of the divides on things like property rights and the NSA spying and so forth makes him interesting divides on the court. Unfortunately it seems like the friend is always towards power to the government and not the people.
@edwardmiessner6502
@edwardmiessner6502 3 жыл бұрын
@@canucanoe2861 ditto the conservative justices who are supposedly in favor of limited government
@werefrogofassyria6609
@werefrogofassyria6609 3 жыл бұрын
Actually, Dred Scott decision was to protect rights, the property rights of the slave owner who was required to move from a slave state to a United States territory by the federal government. He argued since he was required to go to the new place, the government could not simply take his property without due process, that is, they would need to compensate him or he could keep his slave, since the slave in his home state was his legal property. The whole point of the case was to balance the rights of the one versus the rights of the other, and there are some interesting ramifications from ruling both ways. It would be nice to see a similar ruling come from the Supreme Court wherein someone moved from a state where a certain gun or gun accessory is legal but not legal in the new state, and the state says he has to get rid of it, but then refuses to justly compensate. In fact, if we were lucky, we'd get a ruling wherein you could buy something where it's legal to purchase (say from Colorado), and go where it isn't legal (say Nebraska which borders).
@Overonator
@Overonator 3 жыл бұрын
So many laws require reasonableness but not for cops when they do things that violate your rights.
@robertlee9395
@robertlee9395 3 жыл бұрын
Cops, reasonable? Hahahahahahaha!
@edwardmiessner6502
@edwardmiessner6502 3 жыл бұрын
Indeed. Qualified Immunity has become a mulligan for bad law enforcement officers local county state and federal to not be held accountable for their unreasonable and sometimes downright criminal conduct.
@ronbell802
@ronbell802 3 жыл бұрын
We have got to get cops under control Safe Policing act was a start
@danpress3817
@danpress3817 3 жыл бұрын
Steve, I get educated every time I watch. Just another example of our JUST AGAINST US legal system.
@wdfkTV8555
@wdfkTV8555 3 жыл бұрын
Finally an established case with an established outcome. Glad to hear it! It's kind of hard to hold your elected officials accountable when they have free legal reign to be unaccountable.
@VideoArchiveGuy
@VideoArchiveGuy 3 жыл бұрын
This is near to my favorite legal phrase "Defendant knew or SHOULD HAVE known." That can apply to ANYTHING.
@markd9130
@markd9130 3 жыл бұрын
Lawyers are quick to say they don't know the law outside of their specialty. But, defendants should know what laws they are breaking. Never made sense to me. ;-)
@wdfkTV8555
@wdfkTV8555 3 жыл бұрын
Or the defendant knew or should have known ... This needs 3 million thumbs up! What's good for the goose should be more than good enough for the gander.
@stevegray1308
@stevegray1308 3 жыл бұрын
I am from the UK and find two policing rules in the USA extremely strange. Qualified immunity is one, the other is police officers being allowed to lie about legal matters. Above that there is at least one other that seems odd, which is police officers being allowed to work for private companies in their free time. This one clearly influences police in how they deal with any cases involving that company.
@TheGiantRobot
@TheGiantRobot 3 жыл бұрын
How about civil asset forfeiture? They can arrest your stuff without charging you of a crime. You're carrying $40, seems like a suspicious amount of money, hand it over. You can sue us to try to get it back.
@stevegray1308
@stevegray1308 3 жыл бұрын
@@TheGiantRobot I think that depends on the way it is policed and the conditions around it. In the UK proceeds of crime laws reverse the innocent until proven guilty rules. With large sums it can be seized unless you can prove how it was earned. It is aimed at drug dealers and similar. My favourite UK law is that if you are driving with no insurance your car is instantly seized - no chances, no favours.
@justin522
@justin522 2 жыл бұрын
@@stevegray1308 It's sometimes used against organized crime, drug traffickers, etc. but it's often used against regular people for amounts that are small enough that it would be too costly to try to get back in court. They don't file charges against the individual. The police then get a significant portion back to use as they please, including possibly large bonuses for the individual officers bringing in the money. As a result my state recently banned civil asset forfeiture. (Sadly, that's one of the few good laws in a bunch of really bad ones lately.)
@jimaperkins
@jimaperkins 3 жыл бұрын
1:51 I am a computer programmer, and I approve this message.
@edkerry87
@edkerry87 3 жыл бұрын
while not done { x = x +1 }
@kstricl
@kstricl 3 жыл бұрын
while (!case_exists) { case_exists = false; }
@garypatrick7817
@garypatrick7817 3 жыл бұрын
No “ go to “ ....
@andrewpena9041
@andrewpena9041 3 жыл бұрын
Every previous case should be re examined and have this ruling retroactively applied.
@davidhunt7249
@davidhunt7249 3 жыл бұрын
End qualified immunity now. From Colorado, where we have made a little dent. $25k or 5%, whichever amount is less. It's a start. 💩🔍 👮🔨 103 👎 were all cops afraid of losing their qualified immunity. Get ready coppers, no more status quo!
@dave200204
@dave200204 3 жыл бұрын
So this case won't do away with qualified immunity but it takes away the shield protecting qualified immunity. Hopefully more cases and decisions will chip away at the use of qualified immunity.
@charlesdoyle3630
@charlesdoyle3630 3 жыл бұрын
Or at least looking to see if it should apply to a case. That would be a start
@porcelainthunder2213
@porcelainthunder2213 3 жыл бұрын
The simple fact it originated in the court means it is unconstitutional.
@icemike1
@icemike1 3 жыл бұрын
🤔
@jdlucree
@jdlucree 3 жыл бұрын
@@icemike1 he is indicating that qualified immunity never got passed by congress and according to the constitution congress writes the laws
@dannymccarty344
@dannymccarty344 3 жыл бұрын
@David Smith but yet, here we are. ...
@icemike1
@icemike1 3 жыл бұрын
@@jdlucree interpret
@jdlucree
@jdlucree 3 жыл бұрын
@@icemike1 they didnt interpret qualified immunity. they made it up from whole cloth. they are not congress
@ScottHammet
@ScottHammet 3 жыл бұрын
In computer-speak, it's called an infinite loop. It happens due to a logic error, where the logical decision point that should break the loop never occurs. Sounds like a perfect analogy for your case.
@alexmitich8177
@alexmitich8177 3 жыл бұрын
100% on point. The problem is that once that loop is broken, the entire system unravels. Our law is rooted in precedent, there is no vacuum. So if you start to unravel just one thread, it will eventually affect the integrity of the entire fabric. That would be welcome in many ways, but it also would create a host of derivative problems. One reason why the Dredd Scott and Slaughterhouse decisions have never been officially overturned, they have just been reinterpreted over the years.
@briardan9226
@briardan9226 3 жыл бұрын
Infinite loop? Like, Shall we play a game? (Wargames. 1983)
@simonmultiverse6349
@simonmultiverse6349 3 жыл бұрын
10 REM Number of precedents 20 N=0 30 REM Consider Case 40 IF N=0 THEN 80 50 PRINT "Case will be heard" 60 N=N+1 70 GOSUB ADJUDICATE_CASE 80 GOTO 30
@eriks4335
@eriks4335 3 жыл бұрын
Appreciated the video and the information. Love the SISU plate. I am a Finn too. My family has its roots in the UP.
@stevelehto
@stevelehto 3 жыл бұрын
Same here. Both parents from the Copper Country.
@richiejohnson
@richiejohnson 3 жыл бұрын
New sub. You complete A1 audits in a satisfying way.
@donstor1
@donstor1 3 жыл бұрын
Thank you Steve for unpacking this thing. I find myself shaking my head.
@BrankoRNtheotherBranko
@BrankoRNtheotherBranko 3 жыл бұрын
Could this have an effect on Civil Forfeiture were the police can't say "I did not know stealing from an innocent individual is wrong". Maybe the Supreme Court is leaning towards logic and it might be time for a Civil Forfeiture case in the Supreme Court.
@ajkendro3413
@ajkendro3413 3 жыл бұрын
Justice Thomas wants a civil asset forfeiture (CAF) case to come up to the Supreme Court, he said so after the Timbs v Indiana case. Tombs was decided on "excessive fines." What needs to come up is "due process." The problem is the average CFA is around $500, so how much are you willing to spend to get $500 back. The other thing is that many times when some one is willing to fight the jurisdiction gives the.money back to stop the case from being appealed.
@canucanoe2861
@canucanoe2861 3 жыл бұрын
@@ajkendro3413 And there is a $50,000 fee for a case to be heard by the SCOTUS.
@ajkendro3413
@ajkendro3413 3 жыл бұрын
@@canucanoe2861 I didn't know about the filing fee. That is an outrageous amount to keep me from my day in court.
@edwardmiessner6502
@edwardmiessner6502 3 жыл бұрын
There was a Ninth Circuit case where the cops allegedly *stole* 225,000$ worth of coins and other valuables and not under Civil Asset Forfeiture either and the circuit gave the officers qualified immunity. The plaintiff appealed to the Supremes and they denied him certiorari just this past June. 😡
@edwardmiessner6502
@edwardmiessner6502 3 жыл бұрын
@@canucanoe2861 that's a ridiculous amount of $
@kurtschultz8199
@kurtschultz8199 3 жыл бұрын
In programming, it's called an "Infinite loop". It continues until some outside force asserts a superior control.
@jameswill2017
@jameswill2017 Жыл бұрын
Right....and good point.
@gigmaresh8772
@gigmaresh8772 Жыл бұрын
The ultimate NRZI
@bruce9987
@bruce9987 3 жыл бұрын
Absolute power corrupts absolutely . Government needs to be held accountable this has been the biggest Injustice against the people for 40 years
@dssanthony
@dssanthony 3 жыл бұрын
I’m glad I found your channel.
@4570levergun
@4570levergun 3 жыл бұрын
Man, I hope so. I high time people that abuse other people without any fear of reprisal ends.
@garyhaas9575
@garyhaas9575 3 жыл бұрын
So , in the case where federal and state cops beat a college student unconscious , the college student now has a good chance of winning his lawsuit ?
@barrykennedy9947
@barrykennedy9947 3 жыл бұрын
Break the highest law in the land and all you get is "Don't do that again"
@jonnieringo2140
@jonnieringo2140 3 жыл бұрын
Barry Kennedy you forgot to mention the 4-week fully paid vacation.
@jewel1608
@jewel1608 3 жыл бұрын
STOP IT!!!! WOW....my head hurts, just listening......THANK YOU!!!!
@bman3483
@bman3483 3 жыл бұрын
Amazing that something like this could happen in our "civilized" country. I feel sorry for the gentleman who was treated this way.
@georgedunkelberg5004
@georgedunkelberg5004 3 ай бұрын
ALL CITIZENS UPON SCOTUS' TYRANNY OF ZERO RESTRICTIONS OF ACCOUNTABILITY ARE PURCHASED BY THE OLIGARCHY OF WEALTH.
@Xershade
@Xershade 3 жыл бұрын
I mean a start for officers to "know the law" would be them stopping and thinking "Hey, would I want someone doing this to me?" if the answer's no probably shouldn't get immunity.
@JonHeckendorf
@JonHeckendorf 3 жыл бұрын
How about doing this to their children. Only, fitting, I say.
@gregorykadok3356
@gregorykadok3356 3 жыл бұрын
And if they answer "Yes, I would want someone to do this to me". Then let's do it to them...and ask them again.
@tatsmcfatty
@tatsmcfatty 3 жыл бұрын
It shouldn't even go THAT far. We also need to take the tac-vest, jump boot, tactical fatigue uniform away and go back to pressed pant, pressed shirt, and tie uniform. After all, they say the clothes make the man, right?
@mariag.8242
@mariag.8242 3 жыл бұрын
@@tatsmcfatty and training to match that non-threatening uniform. If they’re not dressed, armed and trained as if they’re at war with the people they’re policing, that would be a great first step.
@speakstheobvious5769
@speakstheobvious5769 3 жыл бұрын
Qualified Immunity is the Supreme Court dividing by zero.
@cronobactersakazakii5133
@cronobactersakazakii5133 2 жыл бұрын
Underatted comment
@bwcbiz
@bwcbiz 3 жыл бұрын
A "no reasonable officer" standard is significantly wider than "previous on-point case law", here's hoping this stands up.
@chriscarpenter8415
@chriscarpenter8415 3 жыл бұрын
Unfortunately, "reasonable officer" is an oxymoron.
@edwardmiessner6502
@edwardmiessner6502 3 жыл бұрын
A "reasonable officer" means the least reasonable officer - google Kreipke v Hughes
@thecivilrightslawyer
@thecivilrightslawyer 3 жыл бұрын
This is why Qualified Immunity almost never is granted in police beating cases. There's plenty of prior cases.
@reginaschellhaas1395
@reginaschellhaas1395 3 жыл бұрын
Love your channel. Thanks for explaining this paradox...it seems that human decency and responsibility can only exist if clearly defined by legislation.
@christopherbeasley9998
@christopherbeasley9998 3 жыл бұрын
Finally some justice for citizens 👍💪🇺🇲
@ronmcmartin4513
@ronmcmartin4513 3 жыл бұрын
@ STEVE LEHTO-In your video of Jan. 30, 2021(Police Need to Stop Lying to Suspects - Ep. 7.271) I wrote, "THREE things need to happen-- Eliminate Lying, Qualified Immunity(which allows them to lie, without penalty), and Public(Gov't) Unions(Private Unions-UAW, etc- are still acceptable). --Without eliminating ALL 3, the problem will remain.
@FastEddy1959
@FastEddy1959 3 жыл бұрын
It would be interesting to hear why Thomas dissented. Was it because of precedent? Did he feel this decision didn’t go far enough?
@TheAlgorath
@TheAlgorath 3 жыл бұрын
Taylor v. Riojas 11/20
@handpaper6871
@handpaper6871 3 жыл бұрын
@@TheAlgorath Taylor Vs Riojas looks like a proxy war between Portugal and Spain. Thomas's dissent isn't published. I think a small campaign asking him to justify it would not be inappropriate.
@andrewb6
@andrewb6 3 жыл бұрын
Ah! I positively ~LOVE~ the Canadian Robot Lady and her presentation of the post-script messages! 🤣
@robertmonteith2731
@robertmonteith2731 3 жыл бұрын
Hi Steve...Thx for the update on QI. Pls let us know if there is any positive/negative changes when they happen. Bob
@arasb3258
@arasb3258 3 жыл бұрын
Thank you Steve for explaining this. I did not realize it was that extreme. I would be curious about your ideas on improving this issue, to balance catching criminals vs to make sure innocents are treated nicely. It's a complex matter, and it's good to learn from someone we trust.
@joatmon3282
@joatmon3282 3 жыл бұрын
Some states have passed laws barring police from using qualified immunity as a defense. This needs to be done on a national level. We need a federal law overturning the qualified immunity doctrine. I think this would be a great first step for those looking to reform the police. The problem is people are so enamored with "defund the police" that they reject any attempt to "reform the police".
@bobbyellis2485
@bobbyellis2485 3 жыл бұрын
All I can say is what the f*** ever happened to Common Sense or even human rights at that matter
@brentfarvors192
@brentfarvors192 3 жыл бұрын
That's the thing; To people with $$$/Power; You have no rights...
@bobbyellis2485
@bobbyellis2485 3 жыл бұрын
@@brentfarvors192 well people with money can eat my 💩
@johnhiggs5932
@johnhiggs5932 3 жыл бұрын
Common sense has never been common and human rights are only protected by human endeavor.
@bobbyellis2485
@bobbyellis2485 3 жыл бұрын
@@johnhiggs5932 actually back in the day there was common sense somewhere along the way we lost it why because we let the most retarded among Us make important decisions I mean look at the president we have a chomo that can't even remember his own name
@johnhiggs5932
@johnhiggs5932 3 жыл бұрын
@@bobbyellis2485 Thank you for demonstrating my point, Hero. Common sense should exclude the ridiculous assertion you just made from being seriously considered. I can only hope that the insanity that is currently the Conservative mindset fades back into the woodwork of our society before any more damage is done to our republic.
@johnzientek735
@johnzientek735 3 жыл бұрын
Hey justice Thomas if you decide not to choose you still have made a choice.
@S.JerseyJim
@S.JerseyJim 3 жыл бұрын
Thank you for taking time to explain that.
@PierreaSweedieCat
@PierreaSweedieCat 3 жыл бұрын
Vortex! Loop! Well said! Well done! Congrats Steve!
@johnvest466
@johnvest466 3 жыл бұрын
As a old Texas Peace officer, I understood that a person could use force to prevent a unlawful arrest. I think that should be the case.
@edwardmiessner6502
@edwardmiessner6502 3 жыл бұрын
The Bad Elk case? That was only where the Supremes ruled that because the arrest was unlawful, a capital murder conviction got reduced to voluntary or involuntary manslaughter. Not exactly getting away with resisting an unlawful arrest imo. Worse, most states have passed laws making it illegal to resist an unlawful arrest.
@matthewk6731
@matthewk6731 3 жыл бұрын
IMHO an unlawful arrest is a kidnapping.
@devinazevedo1122
@devinazevedo1122 3 жыл бұрын
Why are there cells in those conditions is a question that i dont think enough people are asking. Also judges have too much power for being non elected officials
@scarling9367
@scarling9367 3 жыл бұрын
I believe that was the point as a part of checks and balances.
@edwardmiessner6502
@edwardmiessner6502 3 жыл бұрын
You don't want elected judges; they will rule in favor of the government's power even more than appointed ones because they get elected based on how pro "law and order" and how "tough on crime" they are.
@justme-dm7sb
@justme-dm7sb 3 жыл бұрын
Inmates play games of clogging their drains so they can be moved or whatever their intent was. I get that it could take some time to fix the drain, never 6 days though. They know this goes on. I can't imagine they don't have a same day fix in most cases, unless they flooded a whole cell block. Thats been done before, but then you have everyone mad at you because they are all living in feces. 6 days is inhumane.
@mariag.8242
@mariag.8242 3 жыл бұрын
Term limits!
@Crimson_Hawk_01
@Crimson_Hawk_01 3 жыл бұрын
Such a massive BS thing in this country that this even has to be talked about. It’s Republicans and Democrats that are the issue. This should just be wrong and any normal human should know these conditions were wrong and punish whoever put another human in them.
@rodh1404
@rodh1404 3 жыл бұрын
I'd like to know why you feel it's the politicians who are responsible for the mess that is qualified immunity. That particular loophole was created by the Supreme Court, and (i believe) politicians from both parties have tried to rectify the issue from time to time but have failed. Politicians are responsible for a whole lot of nonsense that's out there, but as far as I can tell this specific issue doesn't seem to be their fault.
@MatthewSwabey
@MatthewSwabey 3 жыл бұрын
@@rodh1404 I do not agree - congress has enormous statutory as well as "soft" power to work on improving qualified immunity. The body of case law of terrible decisions on qualified immunity would easily support an inquiry. It seems similar in cases where the Presidential executive power is being used - often congress has failed to rule for years on these topics. [Generalities of course, my disagreement is polite I promise.]
@charlesdoyle3630
@charlesdoyle3630 3 жыл бұрын
@@rodh1404 Reagan is where civil asset forfeiture got started same as civil asset forfeiture without any forthought into can these be abused
@rodh1404
@rodh1404 3 жыл бұрын
@@MatthewSwabey Yes, congress does have tremendous power, and they've certainly made more than their fair share of stuff ups. But Qualified Immunity isn't their fault. Let's start by examining the law which allows people to sue government officials in civil court (42 USC § 1983). This was originally written as: "Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress." In Pierson v. Ray (1967), the Supreme Court first justified the need for qualified immunity from civil rights violation lawsuits for law enforcement officers by arguing that "[a] policeman’s lot is not so unhappy that he must choose between being charged with dereliction of duty if he does not arrest when he had probable cause, and being punished with damages if he does." At this time, the Justices agreed among themselves (with one dissenting opinion) that Judges have absolute immunity, stating that "the immunity of judges for acts within the judicial role is equally well established, and we presume that Congress would have specifically so provided had it wished to abolish the doctrine." As for the one dissenting opinion? Justice Douglas stated that Section 1983 must include the judiciary who too must be liable for civil rights violations in the course of their duties. He pointed to the debate in Congress during the Act's inception where "members of Congress objected to the statute because it imposed liability on members of the judiciary." Accordingly, as the Act was passed without providing any exception for the judiciary, he concluded that Congress intended for Section 1983 to apply to 'any person', including judges. So a law that had NO exception for the Judiciary now gave them absolute immunity because the Judges decided it did. How convenient. I should point out that this case was all about a group of priests who wanted to enter a coffee shop for lunch. Two police officers thought that was disorderly conduct (citing Mississippi code § 2087.5 that "makes guilty of a misdemeanor anyone who congregates with others in a public place under circumstances such that a breach of the peace may be occasioned thereby, and refuses to move on when ordered to do so by a police officer." ) And so these priests were arrested for the horrible crime of wanting to order lunch. And the Supreme Court was so sympathetic towards these officer's plight that they extended some of the immunity they'd just given themselves (although not as good, since it was "qualified immunity") to them. It's apparent that Congress did agree with the Judges though, because the current version of 42 USC § 1983 now reads: "Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia." So yes, you can blame them for a little bit of the mess, but honestly this is still primarily on the Supreme Court who came up with the whole thing all by themselves. Then there was the 1982 case of Harlow v. Fitzgerald, where Fitzgerald discovered that there were massive overruns (to the tune of $2 Billion dollars) in a military project that was being deliberately concealed. He became a whistleblower and was subsequently blacklisted and fired. At this point, the Supreme Court decided that the people who blacklisted and fired him were all immune to civil prosecution because "government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Because after all, who could possibly know that it was a bad thing to punish someone who had only exposed official corruption? In response to all this nonsense, what has Congress done? Well, in 2020 the first bill with tripartisan support (ever, as far as I can tell) entered Congress, with the intention of blocking all these loopholes imagined by the Supreme Court justices: reason.com/2020/06/11/justin-amash-tom-mcclintock-republican-cosponsor-tripartisan-support-to-end-qualified-immunity/ The Republicans could probably be more enthusiastic with their support, but it's worth noting that both major parties and an independent are sponsoring this bill. It's really not Congress' fault this time.
@mwilson7345
@mwilson7345 3 жыл бұрын
Key word NORMAL.
@Re5ist_ance
@Re5ist_ance 3 жыл бұрын
God .. I am old .. I remember 1982 !! I was a kid, but old enough to remember where I was. Who else is from back in the day? 🤣
@josephrogers8213
@josephrogers8213 3 жыл бұрын
Got out of the army 1981
@uncletaylorify
@uncletaylorify 3 жыл бұрын
I was in second grade in 82
@anonymustly7818
@anonymustly7818 11 ай бұрын
I always smile when you mention Erwin Chemerinsky. He referred me to an attorney when I needed a civil rights attorney in the mid '90's. And yes, that attorney won me a decent chunk of money and resulted in the firing of the party that violated my rights.
@thegarage5919
@thegarage5919 3 жыл бұрын
As a "computer guy" and a big fan I will go on record and say that was a very apt analogy.
@stevelehto
@stevelehto 3 жыл бұрын
I was expecting someone to complain that I was not using the proper terminology.
@Vykk_Draygo
@Vykk_Draygo 3 жыл бұрын
@@stevelehto Nope, it sounded perfect to me. We've all written endless loops by accident.
@MrTechKey
@MrTechKey 3 жыл бұрын
The main difference in computer code is that it the loop can be halted and the fixed. Also, the code is written by someone that is held responsible for that code by the end-user, if by nobody else. The supreme court wrote this code and has no one who can hold them responsible for taking it upon themselves to force "end-users" to have to endure this endless loop. How can we hold them accountable?
@JamesJames-zp7dy
@JamesJames-zp7dy 3 жыл бұрын
Should the people fear the government ? Or should the government fear the people ? A new paradigm possibly.
@brentfarvors192
@brentfarvors192 3 жыл бұрын
Nothing "new" about it..."When the gov't fears the people; It's freedom; When the people fear the gov't, it's tyranny..."
@rebelrrp
@rebelrrp 3 жыл бұрын
It's about time!
@Quentin217
@Quentin217 3 жыл бұрын
I am wondering if this same principle passed by the Supreme Court could also be applied to excessive traffic fines and "civil asset forfeiture."
@DanielTorres-bs8dx
@DanielTorres-bs8dx 3 жыл бұрын
I live in CA. My commute to work is 1hr at 4am. My commute back home is 2.5 - 3 hrs. Absolutely LOVE having this play while I waste my time in BS traffic. Can't wait to move to SC. But yea. Great thing to listen to
@erikawhelan4673
@erikawhelan4673 3 жыл бұрын
I believe this sort of absurdity is precisely what was at the center of Joseph Heller's novel.
@texhunter1820
@texhunter1820 3 жыл бұрын
I think the judges had flies in their eyes.
@kenf1075
@kenf1075 3 жыл бұрын
A real Catch-22.
@danoberste8146
@danoberste8146 3 жыл бұрын
So many people interpret "qualified" as a a synonym for "absolute" when it's actually more of an antonym.
@rmhartman
@rmhartman 3 жыл бұрын
In this instance, it is being used in the same sense as "affordable" in the affordable care act.
@edwardmiessner6502
@edwardmiessner6502 3 жыл бұрын
Most of those people are on the bench and in our law enforcement forces
@Brightstarlivesteam
@Brightstarlivesteam 3 жыл бұрын
There is a tort in English Law called Misfeasance in Public Office, which carries a maximum sentence of Life Imprisonment . Misfeasance in public office is a cause of action in the civil courts of England and Wales and certain Commonwealth countries. It is an action against the holder of a public office, alleging in essence that the office-holder has misused or abused their power. The tort can be traced back to 1703 when Chief Justice Sir John Holt decided that a landowner could sue a police constable who deprived him of his right to vote. The tort was revived in 1985 when it was used so that French turkey producers could sue the Ministry of Agriculture over a dispute that harmed their sales.
@ricktimmons458
@ricktimmons458 3 жыл бұрын
malfeasance
@Brightstarlivesteam
@Brightstarlivesteam 3 жыл бұрын
@@ricktimmons458 No, The ruling says Misfeasance - a transgression, especially the wrongful exercise of lawful authority. Malfeasance is not quite the same - wrongdoing, especially (US) by a public official. The ruling stipulated that the action may be legal, but ignores the effect the lawful order has on the person. and the consequences there of! An example could be that a lawful order which require good eyesight, would not apply to a person who has eyesight problems.
@peterward2875
@peterward2875 3 жыл бұрын
As a computer guy, your description of an infinite loop sounds about right. Sometimes it's a desirable effect, say the main loop that gets negated by some function call inside the loop itself. Most loops should end on their own, but not always. And, as with most programming tasks, there are different ways to do the task properly.
@djack41
@djack41 3 жыл бұрын
Thank you, Steve.
@jeffkortsch8276
@jeffkortsch8276 3 жыл бұрын
End qualified immunity now!
@johnnylightning1491
@johnnylightning1491 3 жыл бұрын
Given the current makeup of the court this is simply amazing.
@BrettAnderson3
@BrettAnderson3 3 жыл бұрын
Maybe people aren't so different?
@gatesmw50
@gatesmw50 3 жыл бұрын
Johnny Lightning QA existed long before the current justices were on the court. 1982.
@indy_go_blue6048
@indy_go_blue6048 3 жыл бұрын
Given the current makeup of the court, that's probably the ONLY reason was it was tossed.
@mrpesky163
@mrpesky163 3 жыл бұрын
They were coming up on the 40 year expiration date for a law making no sense.
@Ishowspeedshorts488
@Ishowspeedshorts488 3 жыл бұрын
Thank you for explaining this so well. I wonder if you, or anyone else can answer this related question. So qualified immunity may stop lawsuits against individual’s such as police officers ( for now ). If A person wanted to file a lawsuit instead of filing it against the individual police officer, can they still file it against the police department , or city, town The police officer works for. Qualified immunity only stops lawsuits ( for now ) against individual police officers . For a person wanting a remedy they could could still file the lawsuit against the police department, city or town. Is this correct ? I see your SISU license plate strength and perseverance.
@jermfu3402
@jermfu3402 3 жыл бұрын
In the 5th circuit, during oral arguments for Turner v. Driver, regarding filming police in public, the judges seemed to be requiring the same kind of circular logic to recognize a clearly established constitutional activity. In the ruling they ended up establishing it anways. How were they able to break the cycle there but not in this case?
@andrewwilbraham6875
@andrewwilbraham6875 3 жыл бұрын
Steve, I think the term you were looking for is “self-licking ice cream cone”.
@richardmurry9866
@richardmurry9866 3 жыл бұрын
😂
@edwardmiessner6502
@edwardmiessner6502 3 жыл бұрын
Or a rear end performing analingus upon itself 😉😁
@andrewwilbraham6875
@andrewwilbraham6875 3 жыл бұрын
@@edwardmiessner6502 ewwww...
@Joshua-ew6ks
@Joshua-ew6ks 3 жыл бұрын
Qualified Immunity = You are above the law; the law doesn't apply to you.
@sombojoe
@sombojoe 3 жыл бұрын
Perfect example of why Steve is a hero to the public at large. He uses his verbal superpowers for the better good. Except for that showing your receipt to the Walmart greeter thing of course! :)
@jj18057
@jj18057 3 жыл бұрын
He was right about that too...
@sombojoe
@sombojoe 3 жыл бұрын
@@jj18057 - Well, not shopping there like he said is an option, but just sounds like giving up to many. :)
@sombojoe
@sombojoe 3 жыл бұрын
Yeah, I enjoy getting the low prices, and I also enjoy saying “No thank you.” to the greeters asking about my receipt as I walk right past. :)
@jcroz222888
@jcroz222888 3 жыл бұрын
Thank you for talking about this case
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